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LAW 436A: Supreme Court Litigation Clinic: Clinical Practice

The Supreme Court Litigation Clinic exposes students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic is run as a small law firm working on live cases before the Court. Students participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings are devoted primarily to collaborative work on the cases the clinic is handling. While students are primarily responsible for working in teams on one case at a time, they are also expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course involves substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors do not ask students to do any kind of "grunt work" that they themselves are not also handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. In the Autumn quarter, a strong preference will be given to students in the third year of law school. In the Spring quarter, a corresponding preference will be given to students in the second year of law school.
Terms: Aut, Spr | Units: 4 | Repeatable 2 times (up to 8 units total)

LAW 436B: Supreme Court Litigation Clinic: Clinical Methods

The Supreme Court Litigation Clinic exposes students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic is run as a small law firm working on live cases before the Court. Students participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings are devoted primarily to collaborative work on the cases the clinic is handling. While students are primarily responsible for working in teams on one case at a time, they are also expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course involves substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors do not ask students to do any kind of "grunt work" that they themselves are not also handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. In the Autumn quarter, a strong preference will be given to students in the third year of law school. In the Spring quarter, a corresponding preference will be given to students in the second year of law school.
Terms: Aut, Spr | Units: 4 | Repeatable 2 times (up to 8 units total)

LAW 436C: Supreme Court Litigation Clinic: Clinical Coursework

The Supreme Court Litigation Clinic exposes students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic is run as a small law firm working on live cases before the Court. Students participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings are devoted primarily to collaborative work on the cases the clinic is handling. While students are primarily responsible for working in teams on one case at a time, they are also expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course involves substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The instructors do not ask students to do any kind of "grunt work" that they themselves are not also handling, but grunt work there will be: proofreading, cite-checking, dealing with the joint appendix, and the like. The nature of the work product means that while students will average thirty hours per week on their case-related work, that work will surely be distributed unevenly across the quarter. Unlike most other courts, the Supreme Court has no student practice rules. Thus, students will not be able to argue cases before the Court. But they will participate in moot courts on their cases, as both advocates and Justices. Each student will also have the opportunity to travel to Washington to see the Court in session, preferably with respect to a case on which the student has worked. Ideally students will already have experience with persuasive doctrinal writing, through a course like Federal Pretrial Litigation or through intensive supervision during their summer jobs or other clinics. Admission to the Clinic is by consent of the instructors. Students will need to submit a writing sample that reflects their facility with doctrinal legal arguments and the name of at least one reference who can comment on their legal analytic ability. In the Autumn quarter, a strong preference will be given to students in the third year of law school. In the Spring quarter, a corresponding preference will be given to students in the second year of law school.
Terms: Aut, Spr | Units: 4 | Repeatable 2 times (up to 8 units total)

LAW 437: Water Law

This course studies how society allocates and protects its most crucial natural resource, water. The emphasis is on current legal and policy debates, although the course also examines the history of water development and politics in the United States. Among the many issues considered are: alternative means of responding to the growing worldwide demand for water; the appropriate role for the market and private companies in meeting society's water needs; protection of threatened groundwater resources; environmental limits on water development (including the Endangered Species Act and the "public trust" doctrine); watershed protection and restoration; Indian water rights; interstate and international disputes over water; and public access to waterways. The course includea several case studies, which require students to think strategically about how they would solve real world problems that have confronted lawyers and policymakers. Students are also expected to participate actively in classroom discussions.
Terms: Aut | Units: 3

LAW 440: Biotechnology Law and Policy

This course is an interdisciplinary exploration of many of the legal and policy issues raised by the biotechnology industry. It is also intended to give law students and scientists the opportunity to learn more about each other's disciplines by working together. The course covers issues of patenting, corporate organization and financing, conflicts of interest, regulatory approvals, health care financing issues, and tort liability, as well as examining the prospects for and implications of the biotechnology revolution. The course includes materials and presentations for non-scientists on background knowledge about the science and technologies involved, as well as materials and presentations for non-law students on background knowledge about the legal system. After the preliminary sessions, the course is organized around a series of specific, hypothetical problems. An interdisciplinary group of students presents and discusses a solution to each problem. This course is open to graduate and professional students from all parts of the University and, by special consent of the instructor, to qualified undergraduates.
Terms: Spr | Units: 3
Instructors: Greely, H. (PI)

LAW 440: Biotechnology Law and Policy

Legal and policy issues raised by the biotechnology industry. Issues include patenting, corporate organization and financing, conflicts of interest, regulatory approvals, health care financing issues, and tort liability. Prospects for and implications of the biotechnology revolution. Organized around hypothetical problems. Undergraduates require consent of instructor.
Last offered: Spring 2006

LAW 447: Communications Law

Comprehensive overview of current communications law as it has emerged over the past 100 years, in the form of industry-specific laws and through related areas of law such as antitrust and first amendment law. Existing pressures on the system, available solutions, and the broader economic and political implications of the legal and technical choices that communications law is facing today. Focus is on the U.S.; attention to developments elsewhere.
Last offered: Autumn 2008

LAW 447: Communications Law I

New developments in the Internet and other technology enable new forms of innovation, content production and political participation that have the potential to significantly transform our economy, society and democratic system. This transformation will not happen automatically. Technical, legal and economic choices will affect whether the Internet can realize its potential or not. Communications law, the law that governs both the physical infrastructures for communication services such as cable and telephone networks as well as the communication services which are provided over these infrastructures, has become one of the most important arenas in which choices affecting the future of the information society are made. This course aims at providing students with the substantive and methodological knowledge they need to participate in the communications field - as scholars, legislators, regulators, lawyers, or informed citizens. The course provides a comprehensive overview of current communications law as it emerged over the past 100 years, both in the form of industry-specific laws and through related areas of law such as antitrust and first amendment law. The course also covers existing pressures on the system and available solutions and the broader economic and political implications of the legal and technical choices that communications law is facing today. The course focuses primarily on the US, but highlights developments elsewhere where appropriate.
Terms: Aut | Units: 3

LAW 451: European Union Law

The U.S. and the European Union (which comprises 27 European states and 500 million people) have the largest bilateral trade relationship in the world. About 60% of the world's GDP is generated on the Transatlantic Marketplace. In recent years, this has tremendously heightened the need for a sound understanding of the legal system of the EU, especially for business and technology lawyers. Responding to this need, this course, first, examines the internationally unique legal system of the EU as such, as it is applicable to any field of substantive and procedural EU law. Thus, it looks at the legal nature and the different sources of EU law and its relationship with the national law of the EU Member States. The course covers the relevant EU law enforcement actions including state liability issues as well as the jurisdiction of both European Courts and relevant remedies in national courts. Secondly, it explores the legal framework of doing business in the EU, from the perspective of a business entity as an internationally operating actor in a European business environment. In this context, the class focuses on the most essential fields of EU business law, i.e.,(a) the four fundamental economic freedoms of the European Single Market for goods, services, capital and persons, (b) EU competition/antitrust law, as well as (c) EU e-commerce law. There is special emphasis on how EU business law can be used efficiently from private actors such as companies established outside the EU for their own advantage.
Terms: Win | Units: 2

LAW 452: Internet Business Law and Policy

This course provides an in-depth exploration of some of the most interesting and challenging legal, policy and ethical issues facing Internet businesses today. These include novel issues of international law, jurisdiction, innovation regulation, intermediate liability, freedom of expression, right to receive information, behavioral targeting, surveillance, privacy and security. This seminar features presentations by lawyers and technologists from Google, Inc and other leading Internet businesses.
Terms: Win | Units: 2
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